Grandparents’ rights
The right of grandparents to maintain relations with their grandchildren is recognized and protected by law. This right is fundamental to maintaining family ties and contributing to the well-being of children, especially in situations where parents are separated, divorced or in conflict.
Grandparents’ visitation and accommodation rights
The purpose of the grandparents’ visitation and housing rights is to preserve the relationship between the child and his or her grandparents, even in the event of disagreement with the parents. It is granted if it is considered to be in the best interests of the child, which guides all judicial decisions in this area: maintaining the emotional bond between grandparents and grandchildren is considered beneficial for the development and psychological balance of the child.
As a result, grandparents can be granted regular visitation rights, usually one weekend per month and sometimes during school holidays. These visits usually take place at the grandparents’ home. In addition to visitation rights, accommodation rights can be granted, allowing the child to spend longer periods with his or her grandparents, for example during the summer holidays. When relations between parents and grandparents are good, an amicable agreement on the conditions of visitation and accommodation is generally sufficient and does not require the intervention of the judge.
Limitations on Grandparent Access and Accommodation
If parents refuse to allow grandparents to see their grandchildren, the grandparents can apply to the family court judge to assert their rights. In addition, in certain situations, the judge may restrict or deny access and accommodation rights if he or she considers that it is not in the best interests of the child, for example in the event of intense family conflict or if the living conditions of the grandparents are not adequate.
If the parents and grandparents cannot agree on the conditions of access, legal proceedings can be initiated to resolve the dispute. Before making a decision, the judge may propose or impose family mediation, aimed at re-establishing communication between the parties and reaching an amicable agreement.
If the child is sufficiently mature, he or she may be heard by the judge, at his or her request or at the request of the judge. Listening to the child allows us to know his or her opinion, even if it is not decisive.
The judge may order a social inquiry to assess the living conditions of the grandparents, the nature of the relationship between the child and his or her grandparents, and the possible impact of the decision on the child.
The role of the lawyer
A lawyer can advise you about your rights and obligations regarding grandparents’ visitation rights. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.
